During a proceeding for dissolution of marriage or for legal separation of the parties, the court may order either spouse to pay any amount necessary for the support of the other spouse in order to maintain the status quo obtained during the marriage. The support may be temporary or permanent, depending on the facts of the marriage, and different rules apply to each.
The attorneys at CKLH Law can help you determine whether one party is in fact entitled to spousal support and how much you can expect the Court to order.
The purpose of temporary spousal support is to maintain the status quo obtained during the marriage pending the dissolution. In ordering temporary spousal support, courts focus on the relative incomes of each party and the needs of the parties.
The court looks to answer these two questions with temporary support:
The attorneys at CKLH can run your spousal support numbers so that you can better plan for your divorce.
Permanent spousal support cannot be ordered in an annulment case. This order stays in place until it stated end if any or modification by court order or agreement of the parties.
In long term marriages, permanent support will be ordered “until death, remarriage or further order of the court”.
Unlike temporary support, a court must consider the factors laid out in Family Code 4320 when determining whether to order or deny permanent spousal support. Family Code section 4320 provides that in determining a fair spousal support order, the court must consider the extent to which each party is able to maintain their standard of living established during the marriage by examining a variety of aspects.
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